`
`
`
`
`
`
`Filed: April 10, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`MYLAN PHARMACEUTICALS INC.
`Petitioner,
`
`v.
`
`BIOGEN MA, INC.
`Patent Owner.
`
`
`
`Patent No. 8,399,514
`
`
`
`
`Inter Partes Review IPR2018-01403
`
`
`
`
`
`
`MOTION FOR PRO HAC VICE ADMISSION
`OF DAVID L. ANSTAETT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`
`
`Statement of Precise Relief Requested
`Mylan Pharmaceuticals Inc. (“Mylan”) hereby respectfully requests that the
`
`Patent Trial and Appeal Board (the “Board”) admit David L. Anstaett, pro hac vice
`
`in this proceeding under 37 C.F.R. § 42.10(c).
`
`Patent Owner has stated it will not oppose this motion.
`
`II.
`
`Statement of Facts Showing Good Cause for the Board to Recognize
`Counsel Pro Hac Vice During the Proceeding
`Under 37 C.F.R. § 42.10(c), the Board may admit counsel pro hac vice for
`
`good cause, so long as lead counsel is a registered practitioner and subject to any
`
`other conditions the Board requires. Under Section 42.10(c), good cause includes
`
`when “counsel is an experienced litigating attorney and has an established
`
`familiarity with the subject matter at issue in the proceeding.” This motion
`
`satisfies the requirements of Section 42.10(c):
`
`1.
`
`Lead counsel, Brandon M. White, is a registered practitioner.
`
`2. Mr. Anstaett is an experienced patent litigator and has an established
`
`familiarity with the subject matter at issue here, as shown in his accompanying
`
`April 9, 2019 Declaration (“Anstaett Decl.”) (Ex. 1056), attached hereto. That
`
`declaration shows that Mr. Anstaett has been a litigator for approximately 15 years.
`
`He is a member in good standing of the Wisconsin and Virginia State Bars, and is
`
`also admitted in numerous federal courts. Mr. Anstaett is also familiar with the
`
`subject matter of this case, including U.S. Patent No. 8,399,514 and its prosecution
`
`
`
`
`
`
`
`history, the underlying technology, and the prior art cited by the Petitioner in this
`
`matter. Anstaett Decl. ¶¶ 8-9.
`
`3.
`
`In his declaration, Mr. Anstaett also attests to each of the listed items
`
`required by the Order – Authorizing Motion for Pro Hac Vice Admission – 37
`
`C.F.R. § 42.10 in IPR2013-00639. See Anstaett Decl. ¶¶ 2-13.
`
`III. Conclusion
`For the foregoing reasons, Mylan respectfully requests that the Board admit
`
`David L. Anstaett, pro hac vice in this proceeding.
`
`Dated: April 10, 2019
`
`
`
`By:
`
`
`
`Respectfully submitted,
`PERKINS COIE LLP
`/s/ Brandon M. White
`Brandon M. White
`Reg. No. 52,354
`
`
`
`2
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing:
`
`1. MOTION FOR PRO HAC VICE ADMISSION OF DAVID L. ANSTAETT,
`and
`DECLARATION OF DAVID L. ANSTAETT IN SUPPORT OF MOTION
`FOR PRO HAC VICE ADMISSION OF DAVID L. ANSTAETT (Ex. 1056)
`was served electronically via email as follows:
`
`
`2.
`
`Patent Owner:
`
`Barbara C. McCurdy
`Mark J. Feldstein
`Erin M. Sommers
`Pier D. DeRoo
`Finnegan, Henderson, Farabow, Garrett
`& Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`(202) 408-4047
`barbara.mccurdy@finnegan.com
`mark.feldstein@finnegan.com
`erin.sommers@finnegan.com
`pier.deroo@finnegan.com
`
`
`Dated: April 10, 2019
`
`
`
`
`
`
`
`
`
`
`
`/s/ Brandon M. White
`Brandon M. White
`Registration No. 52,354
`Perkins Coie LLP
`700 13th St., NW, Suite 600
`Washington, D.C. 20005
`Telephone: (202) 654-6206
`E-mail: bmwhite@perkinscoie.com
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
